Shareef V. vs The District Medical Officer Of on 15 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16471 of 2009(D)


1. SHAREEF V., JUNIOR HEALTH INSPECTOR
                      ...  Petitioner

                        Vs



1. THE DISTRICT MEDICAL OFFICER OF
                       ...       Respondent

2. STATE OF KERALA, REP. BY SECRETARY,

3. RAMESH BABU, JUNIOR HEALTH

4. MAHESH KUMAR C, JUNIOR HEALTH

5. ARIF C, JUNIOR HEALTH INSPECTOR

                For Petitioner  :SMT.P.K.PRIYA

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :15/06/2009

 O R D E R
                              P.N.RAVINDRAN, J.
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                       W.P.(C) No. 16471 of 2009 D
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                  Dated this the 15th day of June, 2009

                               JUDGMENT

Heard Sri.K.V. Sreevinayakan, the learned counsel appearing for

the petitioner.

2. The petitioner who is presently working as Junior Health

Inspector Grade-II in the Primary Health Centre at Puthige has filed this

writ petition challenging Ext.P2 order of transfer passed by the District

Medical Officer of Health, Kasaragod transferring him from Primary Health

Centre, Puthige to Primary Health Centre, Pallikkere.

3. The petitioner submits that though he is due for transfer from

Puthige and had opted for a posting to Primary Health Centre, Cheruvathur,

overlooking his superior claim, respondents 3 to 5 have been

accommodated at Cheruvathur. The petitioner contends that respondents 3

to 5 are his juniors and that as the senior among the applicants, the

petitioner had a preferential claim for posting in Primary Health Centre,

Cheruvathur.

4. Ext.P2 order of transfer was passed by the District Medical

Officer. If the petitioner is aggrieved by his transfer and posting as per

W.P.(C) No. 16471/09 2

Ext.P2 order, he should have, in my opinion, moved the Director of Health

Services, instead of seeking the intervention of this Court.

5. I accordingly dispose of this writ petition with the direction that

in the event of the petitioner moving the Director of Health Services by

filing a representation within two weeks from the date of receipt of a

certified copy of this judgment, the Director of Health Services shall

consider the same and pass orders thereon after affording the petitioner and

any other person likely to be affected a reasonable opportunity of being

heard. Final orders in the matter shall be passed expeditiously and in any

event within two months from the date on which the petitioner moves the

Director of Health Services. Subject to orders to be thus passed, the

petitioner may join duty in the station where he is now posted as per Ext.P2

order.

P.N.RAVINDRAN,
JUDGE.

mn.